Palm Beach County Clerk of Courts – Critical Info RE Foreclosure Dockets and Summary Judgments

From the Hamlet…
Posted by L

Critical Information for Palm Beach County Active Foreclosure Cases

I learned today that one can check the online scheduling calendar for Palm Beach County, Florida in order to check if a hearing is scheduled for a particular case by entering the case number.

I URGE everyone with a foreclosure case in PBC, FL to obtain a login and check this at least once a week for the duration of your case.

This is CRITICAL information! I know of several people who did not receive any notice of hearing for their summary judgment foreclosure hearing. The clerk’s docket is about 6-8 weeks behind so critical, time sensitive information will be missed 100% of the time that the foreclosure mills set a hearing and do not notify the defendant or the defendant’s attorney. A short five day advance notice of hearing is what the local rules of civil procedure require for Palm Beach County. This means that the docket won’t reflect the hearing until 1-2 months after it occurred. Too late for appeal. Too late for a motion for rehearing. Your home may even have been sold before you know anything about the hearing in which the judge granted summary judgment to the plaintiff.

Send an email to CAD-WEB@pbcgov.org asking to be assigned a password for use of the online calendar.

Once you receive the login information, you’ll go to this link and login. http://15thcircuit.co.palm-beach.fl.us/web/divisionaw/home

Then click the icon that is captioned: Foreclosure Online Scheduling

You’ll be sent to another page where you may have to enter your login ID again (usually your email address)

There you want Division AW (foreclosures). If you scroll down, you’ll see a Division AW DEMO to learn how to utilize the calendar.

You’ll be sent to another page where you may have to enter your login ID again (usually your email address)

Click on the icon captioned “Look Up Case Style For A Case Number”

Enter your case number which is entered here as this example 502008ca04567 (50 then the four digit year the case was filed then ca then the six digit case number).

Click submit and your case info, example Wells Fargo v John C Smith will appear at the top of the screen and then below will show any hearings that have been scheduled.

B. Summary Judgment Hearings: EFFECTIVE JULY 1, 2010, ALL MOTIONS FOR SUMMARY JUDGMENT IN RESIDENTIAL FORECLOSURE CASES WILL BE HEARD BEFORE A SENIOR JUDGE.

Monday through Friday: 9:30 a.m. – 5:00 p.m.

Summary Judgment Hearings of up to thirty (30) minutes must be set via the Division AW online calendar. Please email CAD-WEB@pbcgov.org Email to obtain a password for use of the online calendar. Counsel are required to send a courtesy copy of the notices of hearing for summary judgment matters to the Court via email to the following email address:CAD-DivisionAW-Summaryjudgment@pbcgov.org. Email

Pro se litigants may provide copies of the notices of hearing via regular mail. Each notice of hearing must be sent to the Court via email no later than ten (10) business days following the receipt of a hearing date. Effective July 1, 2009, cancellation of summary judgment hearings shall be made via the online calendar system.

Please make sure that you have fully completed the Division “AW” Foreclosure Checklist prior to the Summary Judgment Hearing, see (Division “AW” Foreclosure ChecklistAdobe PDF).

At the time of the Summary Judgment Hearing, the Clerk’s Office will require the following documents: notice of sale, certificate of title, and certificate of disbursements, along with envelopes. The Clerk’s Office will schedule the sale date.
Scroll all the way down for divisional instructions. http://15thcircuit.co.palm-beach.fl.us/web/guest/judges/sasser

Source

I’m not clear on how this separate judicial docketing can occur outside of the clerk’s docket.

Florida Constitution

28.211 Clerk to keep docket.–The clerk of the circuit court shall keep a progress docket in which he or she shall note the filing of each pleading, motion, or other paper and any step taken by him or her in connection with each action, appeal, or other proceeding before the court. The clerk may keep separate progress dockets for civil and criminal matters. The clerk shall keep an alphabetical index, direct and inverse, for the docket.

More Important Info

Palm Beach County Foreclosure Mediation Program

Introducing the FREE Summary Judgment Rocket Docket Annihilator from Richard Kessler’s Documentary Clearing House: http://wp.me/pFWnq-23S

Florida Rule of Civil Procedure for Summary Judgments 1.150

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ForeclosureHamlet.org

Comments
2 Responses to “Palm Beach County Clerk of Courts – Critical Info RE Foreclosure Dockets and Summary Judgments”
  1. Michael says:

    A statute — that is, law passed by the sole body that can pass laws — that the Clerk has the sole authority to keep dockets, written for this very purpose.

    Who cares about laws!? They just get in the way of the rocket docket. “Laws … we don’t need no stink’ laws.”

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